When the seventh grade work related injury contract expires, can the factory unilaterally terminate

The employer may terminate the contract unless the employee has the circumstances specified in Paragraph 2 of Article 14 of the Labor Contract Law.

According to Article 44 (1) of the Labor Contract Law, the labor contract shall be terminated upon the expiration of the labor contract. Generally speaking, it is the autonomy of both parties whether to renew the contract or not. However, if the employee meets the requirements of Paragraph 2 of Article 14 of the Labor Contract Law, and the employee proposes to conclude an indefinite-term labor contract, the employer shall conclude an indefinite-term labor contract.

If the employer terminates the contract without renewing the contract upon expiration, the employer shall pay one month's salary and severance for each year according to the employee's working years starting from January 1, 2008 in accordance with Article 46 (5), Article 37 and Article 97 of the Labor Contract Law and Article 38 of the Opinions of the Ministry of Labor on Several Issues Concerning the Implementation of the Labor Law of the People's Republic of China (Lao Bu Fa No. 1995 No. 309). According to Articles 48 and 87 of the Labor Contract Law, if the employee claims to continue to perform the contract, the employer shall continue to perform, and if the employee does not claim to continue to perform the contract or the contract cannot be continued, the employer shall pay compensation at twice the amount of the severance payment.

If the employer does not renew the contract with the Grade 7 work-related injury worker upon the expiration of the contract, in addition to paying severance or compensation in accordance with the provisions of the Labor Contract Law, it shall also pay the employee a one-time employment subsidy for work-related injuries in accordance with Article 37 of the Regulations on Work-related Injury Insurance and according to the standards stipulated by the province where the employee is located, and assist the worker in applying for a one-time medical subsidy for work-related injuries from the social insurance agency.

If the labor or employment contract is terminated upon expiration, or the employee himself or herself proposes to terminate the labor or employment contract, the work-related injury insurance** shall pay a one-time medical subsidy for work-related injuries, and the employer shall pay a one-time disability employment subsidy. The specific standards for one-time medical subsidies for work-related injuries and one-time employment subsidies for disability shall be prescribed by the people of provinces, autonomous regions and municipalities directly under the Central Government.

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If the employee requests to terminate the labor contract relationship, the employer may terminate the labor contract relationship and provide a one-time disability employment compensation and a one-time medical compensation in accordance with the work-related injury insurance regulations. If the contract has not expired, the employer cannot unilaterally terminate the labor contract, and the termination is illegal, and not only a one-time disability employment subsidy must be paid, but also twice the economic compensation. However, according to the provisions of the Labor Contract Law, the injured employee may terminate the labor contract if the employee seriously violates the rules and regulations of the enterprise, and the employer shall pay a one-time disability employment subsidy without paying economic compensation.

Laws and Regulations: Article 42 of the Labor Contract Law of the People's Republic of China An employer shall not terminate a labor contract in accordance with the provisions of Articles 40 and 40 of this Law if a worker falls under any of the following circumstances: (1) the worker engaged in work that is exposed to occupational disease hazards has not undergone a pre-departure occupational health examination, or a suspected occupational disease patient is under diagnosis or medical observation; (2) Suffering from an occupational illness or being injured at work in the unit and being confirmed to have lost or partially lost the ability to work; (3) Illness or non-work-related injury, within the prescribed period of medical treatment; (4) Female employees are pregnant, giving birth, or breastfeeding; (5) Those who have worked in the unit for 15 consecutive years and are less than five years away from the statutory retirement age; (6) Other circumstances provided for by laws and administrative regulations.

It depends on the situation. If the employee's work-related injury is grade 7 to 10, if the first fixed contract expires and one of the enterprises and employees does not agree to renew the contract, the contract can be terminated; If the second fixed contract expires and the employee requests to renew the contract, the enterprise must renew the contract. Article 42 of the Civil Code Circumstances under which an employer may not terminate a labor contract If an employee falls under any of the following circumstances, the employer shall not terminate the labor contract in accordance with the provisions of Articles 40 and 41 of this Law:

1) Workers who are engaged in work that is exposed to the hazards of occupational diseases have not undergone a pre-departure occupational health examination, or are suspected of being a patient with occupational diseases during the period of diagnosis or medical observation; (2) Suffering from an occupational disease or being injured at work in the unit and being confirmed to have lost or partially lost the ability to work; (3) Illness or non-work-related injury, within the prescribed period of medical treatment; (4) Female employees are pregnant, giving birth, or breastfeeding; (5) Those who have worked in the unit for 15 consecutive years and are less than five years away from the statutory retirement age; (6) Other circumstances provided for by laws and administrative regulations.